Completely on the customer, IMO. You have your expensive gadget out on the table? You run the risk that something gets spilled on it. No different than if you are reading at the table at home and your SO or kid knocks over a glass of milk onto it.

If I were to have something like that out on the table, I would make darn sure it was out of the way when the server arrived with my food or drink. Just like I don't work on my laptop at home while I'm eating. I'll work over a keyboard - they're pretty cheap to replace - but never over a laptop.

This. Absolutely this. Tables are for eating, not for expensive gadgets.

ITA. If you care about your expensive phone/tablet/gadget, then place it where it's safe. People eat and drink at tables, and all kinds of stuff can get randomly sloshed and spilled. Accidents happen, even with the most cautious server at work.

To me there is a difference between spilling something on an item left on the table and spilling on a person/item next to the table.

When I'm eating out and reading my Ipad - I either move it when the server comes or it is set up off to the side away from the direction the server should be serving from. Servers shouldn't be passing food over the heads of patrons. I've had that happen a couple of times - always with something hot an sizzling and spoken to the manager each time.

If I have my stuff out of their serving zone and they move it - then pass food over my item they are responsible.

I was taught to leave the Serving zone free of things including my own hands.

The worse example of server not paying attention I know was with Loren. BIL, ON, and Loren were eating in a Mexican Restaurant. BIL and ON ordered fajitas. So they cleared a space far from toddler Loren for the hot plate and built a wall of condiments between Loren and the hot plate space.

The waiter came, Ignored ON telling him to put the hot plate by her, swept the wall of condiments away (complaining they were in his way) and put the hot sizzling plate in front of the toddler. Who reached before BIL or ON could grab her. Loren ended up with a 3rd degree burn on her hand.

With more and more restaurants advertising "Free Wi-fi" I don't agree that tables are just for food. Many places are actually using the gadgets to lure people in. Their "hook" is that it is easy and free to use your smart phone/tablet/etc. while dining in their establishment.

"I know I sound like I'm victim blaming, but if you put your stuff in a risky place, you bear some responsibility if it is damaged."

The same could be said of wearing an expensive suit to dinner because the server might drop your marinara in your lap. The point is that part of the server's job is to get the meal on the table without spilling, and the fact that there's an expensive piece of electronic hardware on the table doesn't change that responsibility.

Ah, but your suit is not *on the table*--your suit is on your body. That's a significant difference, I think.

And while a server might need to pay for the drycleaning if they drop food on your suit, I don't think the server needs to pay for the expensive piece of electronic equipment that you set on the table.

I've had waitresses ask for personal items to be removed from the table before they will even begin to unload the tray--I think that's perfectly reasonable. They've probably had or witnessed experiences like the OP's.

And they've probably wanted to avoid situations like the ones Bluenomi wrote about.

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Bluenomi wrote:

"I've seen occasions where the item on the table is what has caused the spill that damages it. Sever is going to put plate down, spots phone/camera sitting on table in the road, tries last second move to put plate somewhere else so they don't put it on the item and whoops, there is a spill. If said item wasn't in the road, there wouldn't have been a spill. In that case it's all one whoever left the item there."

I disagree. It's common sense for a server to check where the plate is going before it becomes a "last second move" unless the customer tossed the phone under the plate on the way down, since a fork or bread plate could cause the same issue. As I said above, part of the server's job is to get the meal on the table without spilling it, and although accidents do happen that doesn't excuse the server from being responsible for the spill.

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violetminnow wrote:

"I think that apologizing was the right thing for you to do, but you personally don't owe the customer anything more."

I agree that the server shouldn't be held personally liable for the damage done, because as an employee working in a professional capacity, it's the restaurant's job to cover that sort of thing.

"I don't think that the restaurant does either..."

This is where I disagree. The restaurant's employee did something that reasonably constitutes failure to do their job properly and as a result, damage occurred. Therefore, I do see the restaurant as responsible for the damage. If they want to avoid liability for such things, then at the very least a blanket disclaimer (or having the servers ask people to move expensive things to a safe location during the meal) is necessary. An expectation to be able to buy a meal without having it spilled on your stuff is reasonable. Accidents happen, but as CocoCamm wrote, if someone hits my car by accident, it's still on them to make it right.

Virg

Yes, but if you put your car out in the middle of the intersection, you bear some blame. Someone's clothes, yes. Their camera that doesn't belong on the table and is making the job harder? No.

As for the "free Wifi"? Yes, I agree, tables aren't *just* for food--but when the food arrives, the iPad needs to be moved. Period. Put it back on the table when your server is done maneuvering things.

It's rude to make someone's job harder. Of course, people can often often do that from cluelessness or thoughtlessness rather than by deliberate decision. But it doesn't change the equation.

Oddly enough, when a waiter approaches my table w/ the food, I move everything I can out of his/her way. I'd put my camera somewhere else, mostly so she doesn't have to maneuver around it. I shift my water glass way to the side, etc., to create as much space for her as possible. I consider that obligatory. I do it without thinking, but it's really only appropriate, for you to assist from *your end* the people who are serving you.

I think every waiter in the country should have a policy that all non-restaurant-owned items need to be off the table before they will unload the tray. And they need to ask for people to move their water glasses, etc.

Slightly different issue:If a server spills marinara sauce on your mohair sweater, or spills coffee down your back, necessitating an ER visit, would it be reasonable to expect some sort of compensation?

Slightly different issue:If a server spills marinara sauce on your mohair sweater, or spills coffee down your back, necessitating an ER visit, would it be reasonable to expect some sort of compensation?

Slightly different issue:If a server spills marinara sauce on your mohair sweater, or spills coffee down your back, necessitating an ER visit, would it be reasonable to expect some sort of compensation?

Yes. I don't think that comes under the category of reasonable risk.

Logged

If wisdom’s ways you wisely seek,Five things observe with care,To whom you speak,Of whom you speak,And how, and when, and where.Caroline Lake Ingalls